SEN Law & Guidance

 

 

This section includes information on SEN law and guidance that education providers are expected to follow.

 

 

 

 

 

SEND Code of Practice 2015

The SEND Code of Practice 2015 (CoP) is statutory guidance for organisations that work with and support children and young people with special educational needs and disabilities. It sets out duties, policies and procedures relating to Part 3 Children and Families Act 2014 and associated regulations.  It applies to all organisations that fit the criteria in England. 

All professionals working with special needs children must have regard to the CoP. 

This means that whenever they are making decisions about children and young people they must give consideration to what the CoP says. They cannot simply ignore it. 

Where the text uses the word ‘should’ it means that the guidance contained in the CoP must be considered and if professionals choose not to follow it they will be expected to explain their reasons for doing so.

 

SEND Regulations 2014

The Special Educational Needs and Disability (SEND) Regulations 2014 are part of the law in England that explain how children and young people with SEND must be supported by schools, local authorities, and health services.

They work alongside the Children and Families Act 2014 and the SEND Code of Practice.

They are designed to protect your child’s right to the right support—at the right time. They aim to make the system more transparent, fair, and inclusive, so that families are heard and children with additional needs can learn, grow, and thrive.

Link: SEND Regulations 2014

 

Children & Families Act 2014 (CAFA)

The Children and Families Act 2014 is a law in England designed to improve support for children, young people, and their families, especially those with special educational needs and disabilities (SEND), in care, or involved in family courts.

It was designed to put children and families first—making services more joined-up, fairer, and easier to access. It gives parents a stronger voice, and ensures children get the education, care, and support they need to live happy, healthy lives.

Link: Children & Families Act 2014

 

Equality Act 2010 (EqA)

The Equality Act 2010 is a law in the UK that protects people from unfair treatment. Its purpose is to make sure everyone is treated equally and with respect, whether at school, work or in public.  

For schools and children it means that:

• Schools must not discriminate against pupils or parents.
• Children are protected from bullying, exclusion, or unfair treatment based on things like disability, race, gender identity, or religion.
• Schools have a legal duty to make reasonable adjustments for pupils with disabilities.

The Equality Act helps ensure your child is treated fairly, feels safe, and can learn in a positive, supportive environment. If you ever feel your child is being discriminated against, you have the right to raise concerns under this law.

Link: Equality Act 2010

 

Education Act 1996

The Education Act 1996 is an important law in England and Wales that sets out the rights and responsibilities around children’s education. It’s one of the main pieces of legislation that shapes how schools work and how children are educated.

Link: Education Act 1996

 

Guidance document DfE : Exclusion from Maintained Schools, Academies and Pupil Referral Units in England, August 2024

This document from the Department for Education (DfE) provides statutory guidance on the legislation that governs the exclusion of pupils from maintained schools, pupil referral units (PRUs), academy schools (including free schools, studio schools and university technology colleges) and alternative provision academies (including alternative provision free schools) in England. 

Link: Exclusion from Maintained Schools, Academies and Pupil Referral Units

 

Guidance document DfE: Ensuring a good education for children who cannot attend school because of health needs - Statutory guidance for local authorities - Updated December 2023

This document from the DfE provides statutory guidance for local authorities and offers departmental advice for others, ensuring children with health needs receive education.

It applies to:

• Mainstream schools
• Academies and free schools
• Independent schools
• Special schools
• Where a child is not on the roll of a school.

Local authorities must follow this guidance when carrying out their duty to arrange suitable full-time education (or part-time when appropriate for the child’s needs) for children who are unable to attend a mainstream or special school because of their health.

The guidance applies equally whether a child cannot attend school at all or can only attend intermittently.

This can be read as departmental advice by all those supporting the educational attainment of a child with health needs including:

• All types of schools
• Providers of alternative provision
• Parents
• Providers of health services.

Link: Arranging education for children with health needs